I am reading a book (non-fiction) that mentions, in passing, a case in which a defendent plea-bargained to third-degree murder.
I’ve heard of first-degree and second-degree murder but not third-degree. So what is third-degree murder? Could it be a state-specific (Colorado, I assume, if it matters) designation for voluntary manslaughter (which I’m not totally sure I understand anyway)?
Third-degree murder? Sounds like something they’d charge a cop with if a prisoner died during questioning.
The degrees of murder are state specific. New York, for example does not have third-degree murder.
Usually manslaughter is not considered a degree of murder, so that isn’t likely.
Look North, there in Canada they have it although zee web site no show up:
Fair Justice Petition for Third Degree Murder Legislation in
Canada
to clarify Canada’s domestic violence and abuse laws, for the safety
and protection of families. MORE INFORMATION ON THE CASE
WHICH ORIGINALLY PROMTED THIS PETITION 742 of the
http://www.arista.nisa.com/fairjustice/petition.htm
Don’t quote me, but I think Third Degree murder = involuntary manslaughter, Second Degree = voluntary manslaughter, and First Degree = voluntary with extenuating(sp?) circumstances {victim was an extreme age (very old or very young), murder was brutal, etc} If I remember my law class from high school correctly, this is true for the state of Illinois, so it does depend on the state.
handy,
we don’t have a third degree murder in Canada. I think the petition you refer to is by victims of violence groups who are trying to persuade Parliament to create a third degree offence for homicide of children, even if there was no intention to kill. (I could be wrong on the details - i’m just going by what I remember from the papers a few months back.)
and the stars o’erhead were dancing heel to toe
I don’t think manslaughter can equal “third degree murder”. Murder requires “malice aforethought” and manslaughter doesn’t. They are two separate offenses, although if you are the victim, the difference isn’t particularly important.
Just to throw in my non-lawyer’s memory:
1st degree murder - premeditated unjustified homicide
2nd degree murder - unjustified homicide, committed in a passion
3rd degree murder - accidental homicide
Nowadays, only the former would be considered murder. I haven’t heard the term “3rd degree murder” in a long time so I consider it a throwback. It would now be called involuntary manslaughter in most state. Second degree would be called simple manslaughter, I suppose.
An extenuating circumstance is kind of the same as a mitigating circumstance - something which reduces the severity of the crime. An aggravating circumstance is one which worsens the crime. Aggravated murder would be one where you planned to kill a child; aggravated manslaughter might be if you killed a cop but you didn’t plan it ahead. Mitigated murder might be if you offed you husband but only after he’d beaten you half to death a couple of times (a circumstance which doesn’t seem to carry much weight in a lot of courtrooms, considering the number of women on death row who murdered husbands only after years of abuse…).
That’s just a guess. Again, I think the whole “numbered degrees” system is obsolete in most states (although they still talk about “murder one” on cop shows all the time…).
Any similarity in the above text to an English word or phrase is purely coincidental.
Here are some tidbits from http://www.leg.state.or.us/ors/163.html
163.005 Criminal homicide. (1) A person commits criminal homicide if, without justification or excuse, the person
intentionally, knowingly, recklessly or with criminal negligence causes the death of another human being.
(2) “Criminal homicide” is murder, manslaughter or criminally negligent homicide.
(3) “Human being” means a person who has been born and was alive at the time of the criminal act. [1971 c.743 s.87]
163.095 “Aggravated murder” defined. As used in ORS 163.105 and this section, “aggravated murder” means murder as defined in ORS 163.115 which is committed under, or accompanied by, any of the following circumstances:
(1)(a) The defendant committed the murder pursuant to an agreement that the defendant receive money or other thing of value for committing the murder.
(b) The defendant solicited another to commit the murder and paid or agreed to pay the person money or other thing of value for committing the murder.
© The defendant committed murder after having been convicted previously in any jurisdiction of any homicide, the
elements of which constitute the crime of murder as defined in ORS 163.115 or manslaughter in the first degree as
defined in ORS 163.118.
(d) There was more than one murder victim in the same criminal episode as defined in ORS 131.505.
(e) The homicide occurred in the course of or as a result of intentional maiming or torture of the victim.
(f) The victim of the intentional homicide was a person under the age of 14 years.
163.118 Manslaughter in the first degree. (1) Criminal homicide constitutes manslaughter in the first degree when:
(a) It is committed recklessly under circumstances manifesting extreme indifference to the value of human life;
(b) It is committed intentionally by a defendant under the influence of extreme emotional disturbance as provided in
ORS 163.135, which constitutes a mitigating circumstance reducing the homicide that would otherwise be murder to
manslaughter in the first degree and need not be proved in any prosecution; or
© A person recklessly causes the death of a child under 14 years of age or a dependent person, as defined in ORS
163.205, and:
(A) The person has previously engaged in a pattern or practice of assault or torture of the victim or another child under
14 years of age or a dependent person; or
(B) The person causes the death by neglect or maltreatment, as defined in ORS 163.115.
163.125 Manslaughter in the second degree. (1) Criminal homicide constitutes manslaughter in the second degree
when:
(a) It is committed recklessly;
(b) A person intentionally causes or aids another person to commit suicide; or
© A person, with criminal negligence, causes the death of a child under 14 years of age or a dependent person, as
defined in ORS 163.205, and:
(A) The person has previously engaged in a pattern or practice of assault or torture of the victim or another child under
14 years of age or a dependent person; or
(B) The person causes the death by neglect or maltreatment, as defined in ORS 163.115.
Awww, crud. The last para was sposed ta be in italics so you’d know it was me talking, not the law. Also, I was gonna point out that that is just Oregon law. Your legalage may vary.